DOJ Attorney Handwaves The 22nd Amendment During Oral Argument - Above the Law
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DOJ Attorney Handwaves The 22nd Amendment During Oral Argument - Above the Law
"Being suspicious of kings isn't just the motivation for trendy protests, it is a value that goes to the heart of American values. That's part of the reason that we have the 22nd Amendment. Whether or not you think FDR's terms were good or bad for the country, there's a general consensus that FDR being elected president four times was two times too many - there's a point where presidential terms risk becoming longstanding reigns without some convenient cut-off mechanism."
"Lawyers arguing Monday in front of a Sixth Circuit panel-including one Justice Department attorney-made apparent references to President Donald Trump serving a third term, after the president said that he'd "love" to run for one. Attorney Robert J. Olson first told the three judges on the Cincinnati-based court that a new administration will be in place "in three years or in seven years." Then, when DOJ attorney Sean R. Janda argued, he repeated a variation of that line, talking about a change that may occur, "as my friend on the other side said, three years in the future or seven years in the future." None of the judges pressed either attorney on those statements."
Skepticism of concentrated executive power underpins the 22nd Amendment, enacted after Franklin D. Roosevelt's four terms. Many agree that four presidential terms risk creating enduring reigns without a clear cut-off. Term limits exist to prevent ego-driven incumbency from becoming permanent. Current circumstances appear abnormal as Justice Department attorneys treated the prospect of a third Trump term as plausible, telling judges a new administration might arrive "in three years or in seven years." No judge interrupted or pressed for clarification on those statements. The failure to challenge such assertions indicates a shrinking gap between political fantasy and governmental practice.
Read at Above the Law
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